ARTICLE
20 March 2017

Ninth Circuit Says Employer Violated FCRA With Liability Waiver

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Jones Day

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On January 20, 2017, a Ninth Circuit panel reversed the dismissal of a putative class action, which alleged that a subsidiary of an oilfield services company violated the FCRA by improperly placing a liability waiver on its job application disclosure form.
United States Privacy

On January 20, 2017, a Ninth Circuit panel reversed the dismissal of a putative class action, which alleged that a subsidiary of an oilfield services company violated the Fair Credit Reporting Act ("FCRA") by improperly placing a liability waiver on its job application disclosure form. The panel noted that the FCRA specifically requires companies to tell applicants if they intend to obtain their consumer report and allow them to refuse. In reversing and remanding the district court's decision, the panel held that the company had willfully violated the statute, subjecting the company to both statutory and punitive damages.

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